WORLD TRADE  
ORGANIZATION  G/SPS/N/EEC/196/Add.4 
3 August 2007 
 
 (07-3327) 
Committee on Sanitary and Phytosanitary Measures Original:   English 
 
  
NOTIFICATION  
 
Addendum
 
 
 
The following communication, received on 31 July 2007, is being circulated at the request of 
the Delegation of the European Communities . 
 
_______________ 
  Cereals, foodstuffs of animal origin and certain pr oducts of plant origin, including fruit and vegetables
 
 
 Further to the Annex I notified in documen t G/SPS/N/EEC/196/Add.3 dated 24 August 2005, 
the European Communities is notifying hereby two draft proposals (European Commission Document 
SANCO/1825/2007 rev 0, and European Commission document SANCO 10210/2007 rev. 0). They consist in:  
• a proposal for an Annex III to Regulation (EC) No 396/2005 containing 167 active 
substances. The proposed harmonized temp orary MRLs are listed in accordance with 
Annex I to Regulation (EC) No 396/2005. (Document SANCO/1825/2007 rev 0); 
 
• the list of active substances that, on the basis of current information, will not be 
included in any of the Annexes to Regulation (EC) No 396/2005 and for which a 
default value of 0,01 mg/kg will apply (SANCO 10210/2007 rev. 0). 
 
 Proposed date of adoption:   December 2007 
 Proposed date of application:   June 2008 
 Final date for comments:    60 days after the date of notification 
 Background  
1. In document G/SPS/N/EEC/196, dated 11 Ap ril 2003, the European  Communities (EC) 
notified a " Commission Proposal for a Regulation of the European Parliament and of the Council on 
maximum residue levels of pesticides in products of plant and animal origin " (COM(2003)117 final;  
2003/0052 (COD)), to replace and simplify the four  existing basic Council Directives on Maximum 
Residue Levels (MRLs) for Plant Protection Products (PPP) namely: (1) Council Directive 
76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables  (Official Journal Num. L340, 9.12.1976, p. 26–31);  (2) Council Directive 
86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals  
(Official Journal Num. L 221, 7.8.1986, p.37-42);  (3) Council Directive 86/363/ EEC of 24 July 1986 
on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin  (Official 
Journal Num. L221, 7.8.1986 p.43-47) and (4) Council Directive 90/642/EEC of 27 November 1990 G/SPS/N/EEC/196/Add.4 
Page 2  
 
  on the fixing of maximum levels for pesticide residue s in and on certain products of plant origin, 
including fruits and vegetables  (Official Journal Num. L350, 14.12.1990, p.71-79). 
2. The aim of the proposal was to harmonize at EC  level all pesticide MRLs after a transitional 
period.  The proposal anticipated that in all cases where a particular PPP is not authorized on a 
commodity or no data are available to demonstrate that its residues do not endanger consumer health, 
no residues of this PPP would be permitted in any agricultural commodity at levels higher than 
0.01 mg/kg.  It also anticipated that lower levels th an 0.01 mg/kg, would be set if necessary to protect 
consumers.  
3. Subsequently, in document G/SPS/N/EEC/196/A dd.2 dated 14 April 2005, the European 
Communities notified the adoption of " Regulation (EC) No 396/2005 of the European Parliament and 
of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of 
plant and animal origin and amending Council Directive 91/414/EEC " (Official Journal Num. L70, 
16.3.2005, pages 1-16).  This Regulation provides th at Annexes II, III and IV will be established by 
the Commission. 
o Annex II contains the list of already harmonized MRLs in the framework of existing 
legislation (Directives 76/895/EEC, 86/362/EEC, 86/363/EEC, 90/642/EEC). 
 
o Annex III  will contain the harmonized temporary EC MRLs
;  they are based on 
national MRLs, where a risk assessment has been performed by the European Food 
Safety Authority (EFSA). 
 
o Annex IV  will contain substances already evalua ted at EC level for which it is not 
necessary to set MRLs. 
 
4. In document G/SPS/N/EEC/196/Add.3 dated 24 August 2005, the European Communities 
notified a proposal which was adopted as "Commission Regulation (EC) No 178/2006 of 1 February 
2006 amending Regulation (EC) No 396/2005 of the European Parliament and of the Council to establish Annex I listing the food and feed products to which maximum levels for pesticide residues 
apply " (Official Journal Num. L29, 2.2.2006, p. 3–25).  This Regulation establishes Annex I to 
Regulation (EC) 396/2005, i.e. the list of agricultur al products (commodities) in which the MRLs for 
the different active substances w ill be applied in accordance with  Regulation (EC) No 396/2005.  
These commodities are products for which presently EC or national MRLs exist, as well as those for which it is appropriate to set harmonized MRLs. 
Further explanations to trade partners 
 5. Further to the notifications mentioned abov e, in document G/SPS/GEN/557 dated 29 March 
2005, the European Communities circulated a Communication entitled " Questions and answers on the 
procedure to obtain import tolerances and the inclusion of active substances for plant protection uses in the European Communities list ".  This communication responded to numerous questions related to 
the withdrawal of active substances from Council Directive 91/414/EEC on the placing of plant 
protection products on the market  (Official Journal L 230, 19/08/1991 pp. 1-32) either as comments 
to EC proposals being notified to the Agreement or during the questions session at the WTO Trade 
Policy Review Mechanism (TPRM) of the European Communities.  It also responded to recurrent 
questions raised in regular meetings of the Commi ttee on Sanitary and Phytosanitary Measures (SPS)   G/SPS/N/EEC/196/Add.4 
 Page 3 
 
 
  namely:  (1) whether MRLs set by Codex would be systematically dropped when a marketing 
authorization for an active substance is withdrawn;  and (2) the establishment of an MRL for imported 
agricultural products (i.e. "import tolerances") or  (3) the registration of active substances in the 
European Communities. 
 
 The notified documents can be obtained from the EC Enquiry Point:  sps@ec.europa.eu 
 
__________